Ex-Astronaut's Attorney Blasts Florida State Officials

An attorney for former astronaut Lisa Nowak filed a motion Monday in Orange-Osceola Circuit Court, seeking sanctions against the state for failing to turn over evidence.

On Feb. 5, 2007, Colleen Shipman accused Nowak of stalking her at Orlando International Airport, following her to her car, and then squirting pepper-spray inside the car as she tried to get into the car. Both women were vying for the affections of then-astronaut William Oefelein.

The evidence in question is a report by Greater Orlando Aviation Authority emergency response workers, in which a paramedic states that Shipman "denied any direct contact with the pepper spray and was not experiencing any burning sensations or any medical problems."

Nowak's attorney, Donald Lykkebak, complained that this information has been known to the prosecution for more than two years, but the prosecution failed to give him a copy.

"The police made a mountain out of a molehill in this case, and now we have learned there was never a molehill to start with," Lykkebak said. "It is also clear that the State (either directly or constructively) had possession or control of the evidence that tends to negate the guilt of the defense, but failed to comply with the rules in mandatorily disclosing it to the defense."

"I was gonna start to call 9-1-1 for her, 'cause she really looked freaked out," Shipman told investigators, "I was looking down to plug my phone in, 'cause it really was dying, and when I looked back up at her, she started spraying me with something."

When an investigator asked Shipman if the spray got into her eyes, she answered, "I don't think it actually hit my eyeball."

After that, Shipman drove to the exit lane, where an attendant gave her wet paper towels to wipe her eyes. She also complained of a burning sensation on her skin.

Nowak was charged with attempted kidnapping, battery and attempted burglary with assault.

Nowak and Oefelein both were fired by NASA following the incident.

Randy Means, a spokesman for the Orange-Osceola State Attorney's Office, said motions arguing that prosecutors failed to turn over discovery are common and often unsuccessful.

He did not comment on the motion's specifics, saying his office will argue its case in court.

Shipman's attorney, Kepler Funk, said Monday he had just received the six-page motion, and did not want to comment until he had read all of it and talked with Shipman.

No hearing has been set on the motion.

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